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Min - Planning and Zoning Commission - 2000 - 06/22 - RegularL ALLEN PLANNING & ZONING COMMISSION REGULAR MEETING ,TUNE 22, 2000 ATTENDANCE: Commission Members Present: Ross Obermeyer, Chairman Jeff McGregor Lauri Blake Gary Caplinger Commission Members Absent: Mark Pacheco, Secretary Alan Grimes City Staff Present Marina Sukup, Director of Planning Stan Solamillo, Planner Tom Keener, Development Coordinator Sally Leeper, Project Coordinator Pam Conway, Administrative Secretary Peter Tian, P.E., Traffic Engineer Don Horton, Director of Parks & Recreation Jason Marshall, City Attorney's Office CALL TO ORDER AND ANNOUNCE A QUORUM. With a quorum of the Commission Members present, the Allen Planning & Zoning Commission was called to order at 7 10 p.m. by Chairman Obermeyer, at the City Council Chambers, Allen City Hall, One Allen Civic Plaza, Allen, Texas. WORKSHOP Questions on Current Agenda. Discussion of Consent Agenda and Regular Agenda Items: It was noted that an alley was added by the developer on the Final Plat of Abbey Hill Park (Item 3), as suggested by residents of the adjoining subdivision. Chairman Obermeyer noted that this item was not a Public Hearing. Items of Interest 1. Update on By -Laws draft 2. Update on Council Actions 3. Discussion of Thoroughfare Plan 4. For Information: Parks and Recreation Board —Three -Year Work Plan Open Commission Discussion REGULAR MEETING I 0 I PLANNING & ZONING COMMISSION JUNE 22, 2000 PAGE 2 Consent A epndda 1. Approve Minutes of June 8, 2000, Regular Meeting. 2. Final Plat — Consider approval of a Final Plat for Round Rock Phase It. The property is 55 residential lots on 18.509 3 acres of land situated in the William Snider Survey, Abstract No. 821, City of Allen, Collin County, Texas; further described as being located northwest of FM 2551 and Bethany Drive. 3. Final Plat — Consider approval of a Final Plat for Abbey Hill Park The property is 104 residential lots on 31.422 ± acres of land situated in the William Snider Survey, Abstract No. 821, City of Allen, Collin County, Texas; further described as being located southwest of Main Street and FM 2551. 4. Request for Extension —Consider a request to extend a Preliminary Plat for Summerfield addition for one year. Motion: Upon a motion by Commission Member Blake and a second by Commission Member Caplinger, the Commission voted 4 I FAVOR and 0 OPPOSED to approve the consent agenda as presented. The motion carried. Regular Agenda Public Hearings: 5. Public Hearing — Consider a request for a change in the zoning from Central Business District (CBD) to Corridor Commercial (CC). The property is 11.40 ± acres of land situated in the William Chester Addition, City of Allen, Collin County, Texas; and Abstract No. 484 Tracts 3, 5, 6, 611 and 8, City of Allen, Collin County, Texas; being further described as located at the southeast comer of US 75 and Allen Drive. Mr. Stan Solamillo, Planner, reviewed issues, which include building setback requirements and residential buffering, recommending approval of commercial zoning up to and including CC - Corridor Commercial. Commissioner Blake stated that this change in zoning would actually benefit the residential homeowners by providing additional buffering for the surrounding residential subdivisions Chairman Obermeyer opened the Public Hearing. Mr. R.M. Ginsberg, 7239 S. Jan Mar Circle, Dallas, expressed concern with the setback requirements in CC -Corridor Commercial Mildred Ereckson, 402 Ola Lane, Allen, questioned the effect of the rezoning on an existing sewer line, and expressed concerned with the size of the buildings allowed. Jennifer Dingler, 404 Ola Lane, Allen, was concerned that the zoning change might affect her property value With no one else wishing to speak, the Public Hearing was closed. Motion: Following discussion, a motion was made by Commission Member Blake and a second by Commission Member McGregor, the Commission voted 4 PLANNING & ZONING COMMISSION JUNE 22, 2000 PAGE IN FAVOR and 0 OPPOSED to approve the item as submitted. The motion j carried. 6. Public Hearing - Consider a request for a change in the zoning from Central Business District (CBD) to Light Commercial (LC). The property is 4.58± acres of land situated in the Alpha Self Storage Addition, City of Allen, Collin County, Texas; and Abstract No. 708, Tract 37 and Tract 37-1, and Abstract 758, Tract 26, City of Allen, Collin County, Texas; being further described as located South of McDermott Drive and East of Butler Drive. Mr. Stan Solamillo noted that the three 3 parcels adjoined residential uses to the east and the current use is quasi -industrial use. Staff is recommending approval of LC -Light Commercial. Chairman Obermeyer opened the Public Hearing. Steve Hager, 300 South Ash, Allen, stated that he has recently listed his property for sale (All Spec Packaging). He requested that the action be deferred. He expressed the belief that a CBD zoning designation would enable him to market his property better. Ms. Marina Sukup, Director of Planning, advised that as long as the occupancy does not change, the use would continue to be permitted. With no one else wishing to speak, the Public Hearing was closed The Commission discussed the fact that there are only 5 or 6 uses that will change if the zoning changes, and that there are 20 additional uses in the LC -Light Commercial. Motion: Following discussion, a motion was made by Commission Member McGregor, and a second by Commission Member Caplinger, the Commission voted 4 IN FAVOR and 0 OPPOSED to approve the request as submitted. The motion carried. Pubic Hearing - Consider a request for a change in the zoning from Central Business District (CBD) to Residential (R-5). The property is 3.59± acres of land situated in the Young Addition, City of Allen, Collin County, Texas; being further described as located South of Main Street, East and West of Young Drive. Mr. Stan Solamillo stated that the Young Addition included 12 lots, one of which was developed as a church but which was presently an office use. Chairman Obermeyer opened the Public Hearing. Amanda Beasley, 307 So. Cedar, Allen, stated that she wants her property to be zoned residential. She is in favor of this request. Bobby Hempkins, 304 East McDermott, Allen, identified himself as the owner of the former church property, sympathized with the residents but stated his belief that property fronting McDermott Drive should be zoned for commercial uses. Mr. Hempkins expressed opposition to having his building changed from commercial, although he is in favor of the homes being rezoned to residential. PLANNING & ZONING COMMISSION NNE 22, 2000 PAGE 4 1 Eric Willard, 612 Hefner Drive, Allen, stated that he supports Mr. Hempkin's position. Sandra Duncan, 303 South Cedar, Allen, stated that she has lived there for 39 years and sees commercial all around her. She feels that changing this zoning to residential is a detriment to her property and she feels that a commercial zoning on her property would be good With no one else wishing to speak, the Public Hearing was closed. The Commission discussed issues of this request, and noted that everything south of this property is residential but that CBD was probably appropriate for the tract. Commissioners discussed alternative commercial zoning possibilities. Ms. Sukup noted that the City has an interest in protecting residential properties, with single family residential as the most protected zone, noting that Allenwood Estates is a cohesive residential neighborhood. The configuration of Young Street and the size of the lots are not conducive to commercial development, and a number of retail uses such as fast food, would be undesirable adjacent to residential as well as being identified as inappropriate within the CBD Motion: Following discussion, a motion by Commission Member McGregor, and a second by Commission Member Blake, the Commission voted 3 I FAVOR and 1 OPPOSED to deny the requested change of zoning. Chairman Obermeyer was opposed. The motion carried. 8. Public Hearing - Consider a request for a change in the zonmg from Central Business District (CBD) to Corridor Commercial (CC). The property is 22.85± acres of land situated in the Greenway Allen Retail Addition, Perrin Addition, Century Retail Addition, Whisenent Addition, Block B, Lot 4, Block 9, Lots 2 and 3, Block 13, Lots 1 and 2; and the James Garland Addition, Block 11, Lots 1-11, City of Allen, Collin County, Texas, being further described as located North and South of McDermott Drive and East of US 75. Stan Solamillo noted that there are no unresolved issues and recommended approval. Chairman Obermeyer opened the Public Hearing. Steve Dobson, 506 West Main, Allen, pointed out that he lives adjacent to the tract proposed for rezoning. He stated that 2 years ago he bought this property strictly for investment. He would like his property included in the property being rezoned. With no one else wishing to speak, the Public Hearing was closed. Ms. Sukup stated that Mr. Dobson's concerns would be taken into consideration to developing a plan for the CBD. Motion: Following discussion, a motion was made by Commission Member McGregor, and a second by Commission Member Blake, the Commission OR voted 4 I FAVOR and 0 OPPOSED to approve the request as submitted. The motion carried. PLANNING & ZONING COMMISSION JUNE 22, 2000 PAGE 5 Public Hearing - Consider a request for a change in the zoning from Central Business District (CBD) to Shopping Center (SC). The property is 9.5t acres of land situated in the Cottonwood Green Addition, City of Allen, Collin County, Texas; being further described as located at the southwest corner of SH 5 and Main Street. Mr. Solamillo stated that this tract contains a single parcel which relates to the commercial development located at the intersection of SH 5 and Main Street rather than to the CBD. He stated that there are no issues identified with this item. Mr. Solamillo stated that the boundaries that were shown in the packet were incorrect and he presented the correct boundaries, which show the property actually goes to the centerline of the creek and the roadways. Chairman Obermeyer opened the Public Hearing. With no one wishing to speak, the Public Hearing was closed. Ms. Sukup stated that the other three comers of this intersection are zoned for SC. Motion: Upon a motion by Commission Member Blake and a second by Commission Member Caplinger, the Commission voted 4 I FAVOR and 0 OPPOSED to approve the request as submitted. The motion carried. Subdivision Plats 10. Final Plat - Consider denial of a Final Plat for Custer Meadows Phase B. The property is 107 residential lots on 26.9544 ± acres of land situated in the Jesse H. Gough Survey, Abstract No. 347, City of Allen, Collin County, Texas; further described as being northeast of McDermott Drive and Custer Road. Mr. Keener presented the background on the property, noting the conflict with Comprehensive Plan which requires a collector and the requirements for fence row tree preservation along the southern edge of the property. He observed that the second page of the plat had not been submitted at the time of the preparation of the packet. He recommended denial. Ms Sukup added that the collector noted on the preliminary plat was located in such a way that construction would be extremely expensive, if at all possible. Kirk Williams, representing Shaddock Development, 5400 Renaissance Tower, Dallas, stated that a preliminary plat had been approved and that one phase had been approved as a final plat. He stated that thoroughfare issues were specifically addressed in 1998 at the time of platting, and that the collector was approved and constructed. He acknowledged the requirement for fence row tree preservation, stating that a 21 -foot alley right-of-way would accommodate the 7.5 -foot tree preservation easement within the right-of- way He also stated that the lots have already been sold and requested approval of an expanded alley right-of-way Mr. Jason Marshall, representing the City Attorney, observed that the developer was at risk is if lots are sold prior to approval of the final plat. He further stated that the City needs a full 16 feet of right-of-way, for the alley easement. PLANNING & ZONING COMMISSION JUNE 22, 2000 PAGE I Ms. Sukup stated that the developer was advised that the alley could be eliminated in order to preserve the trees, but that he was unwilling to do so. Mr. Marshall stated that if the alley dedication is changed, it should be identified on the plat as a dedication of 23 %a feet. Peter Shaddock, 6550 Dartbrook Drive, Dallas, stated his belief that if the pavement is 7% feet from the trees, the requirements of the ordinance have been met. Commissioners indicated that they would entertain some alternative solution, although it was important to maintain a consistent policy direction. Commissioner Blake commented that a clarification of the provision for alley/tree dedications should be delineated in our ordinances so that future proponents would not make the same mistaken assumption that the 7 feet needed for the trees could "co -exist' with the 16' dedication for alleys. Each provision required an "independent" grant. Mr. Peter Tian, Traffic Engineer stated that the requirement for a collector is established by the Thoroughfare Plan. Mr. Shaddock stated that he would be willing to withdraw the plat if it would be considered at the next meeting. Mr. Williams requested withdrawal of the plat and reconsideration at the meeting of July 13, 2000. Motion: Upon a motion by Commission Member McGregor and a second by Commission Member Caplinger, the Commission voted 4 I FAVOR and 0 OPPOSED to accept the withdrawal of the plat, which would he resubmitted for consideration on July 13, 2000. The motion carried. 11. Preliminary Plat— Consider denial of a Preliminary Plat for Maple Trail Addition. The property is 15.276 acres of land situated in the Peter Weisel Survey, Abstract No 990, Collin County, Texas; further described as being southwest of Pebblebrook and SH 5 Mr. Keener presented the request, noting a drainage channel with an outfall to Cottonwood Creek zoned for multifamily He noted that a final plat had been approved which had expired in October 1999. Mr. Keener identified the issues: conflict with the Comprehensive Plan which requires the extension of St. Mary's, lack of a hike and bike trail, and no tree survey submitted in time for the Commission to review He stated that staff has no option other than to require denial of this plat. Kirk Williams, 5400 Renaissance Tower, Dallas, representing Casa de Milagro, stated that in July of 1998 a preliminary plat was submitted and approved without a requirement for the St. Mary's extension. He stated that St. Mary's Drive is not on the Thoroughfare Plan and therefore cannot be required. He stated that the Mayor had written a letter in support of the project. E Motion: Upon a motion by Commission Member McGregor and a second by Commission Member Caplinger, the Commission voted 4 I FAVOR and 0 OPPOSED to Adjourn the June 22, 2000 meeting at 11:25 p.m. These mmut p ed this 0" day of 2000. Ross Oberey , hairman Mar Pachec , Secretary PLANNING & ZONING COMMISSION JUNE 22, 2000 PAGE 7 Commissioners discussed the impact of the roadway and its effect on the trees. Rich Thorns, 1706 Westside Dr., Sherman, spoke in favor of the project. Mr. Marshall read a letter regarding the development signed by the Mayor, which stated that the City did not object to the project. Mr. Williams stated that the tree survey had been submitted and the hike and bike plan can be added. He is unwilling to negotiate the roadway, but would withdraw the plat if it could be reconsidered at the July 13, 2000 meeting. Motion: Upon a motion by Commission Member Blake and a second by Commission Member McGregor, the Commission voted 4 IN FAVOR and 0 OPPOSED to accept the request to withdraw the request and resubmit to be on the July 13, 2000 agenda. The motion carried. 12 Preliminary Plat — Consider approval of a Preliminary Plat for Twin Creeks Phase 41). The property is 272 residential lots on 115.28 acres of land situated in the James W Parsons Survey, Abstract No 704, City of Allen, Collin County, Texas; further described as being located northeast of Exchange Parkway and Alma Drive. Mr. Keener presented the request, stating that the plat is consistent with zoning requirements and recommending approval. tMr. Brad Meyer, Carter & Burgess, representing Briar Ridge Investments, requested approval. Motion: Following brief discussion, a motion was made by Commission Member McGregor, and a second by Commission Member Blake, the Commission voted 4 I FAVOR and 0 OPPOSED to approve the request as submitted. The motion carried. Adioum Motion: Upon a motion by Commission Member McGregor and a second by Commission Member Caplinger, the Commission voted 4 I FAVOR and 0 OPPOSED to Adjourn the June 22, 2000 meeting at 11:25 p.m. These mmut p ed this 0" day of 2000. Ross Oberey , hairman Mar Pachec , Secretary